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CHALLENGING ETHNIC PROFILING IN EUROPE A Guide for Campaigners and Organizers — 1
ACKNOWLEDGMENTS
This guide was written by Zsolt Bobis, Rebekah Delsol, Maryam H’madoun, Lanna Hollo, A tremendous appreciation is also expressed for the countless and often invisible yet critical
Susheela Math, and Rachel Neild of the Fair and Effective Policing team at the Open Society efforts and contributions of other OSF colleagues and the many local actors involved in
Justice Initiative (OSJI). Open Society Foundations Communications Officer Brooke Havlik litigation, mobilizing and organizing, and advocacy and campaigning against ethnic profiling
made significant contributions, and further assistance was provided by OSF Aryeh Neier in different EU countries. The work described here would not have been possible without
Fellow Michèle Eken. them, and reflects the collective efforts of all.
Examples and case studies were included from key organizations tackling ethnic profiling and The report was reviewed and edited by David Berry, Erika Dailey, James A. Goldston, and
police abuse in Europe and the US, including StopWatch, Controle Alt Delete, Amnesty Robert O. Varenik.
International Netherlands, the French platform En finir avec les contrôles au faciès, Eclore,
Maison Communautaire pour un Développement Solidaire (MCDS, Paris 12), WeSignIt,
Plataforma por la Gestión Policial de la Diversidad, Rights International Spain, SOS Racisme
Catalunya, Hungarian Helsinki Committee, Hungarian Civil Liberties Union (HCLU), the
Belgian platform Stop Ethnic Profiling, and Communities United for Police Reform.
Copyright © 2021 Open Society Foundations
Particular gratitude is expressed to Dionne Abdoelhafiezkhan, Alice Achache, Rami
Al-khamisi, Kairé Ba Dejuan, Mpanzu Bamenga, Slim Benachour, Nesrine Benyakhlaf, Lea
Bouaroua, Yassine Boubout, Magda Boutros, Sarah Chander, Tanzil Chowdhury, Anne Claeys,
Issa Coulibaly, Cristina de la Serna Sandoval, Jean-Marie Fardeau, Rémy Farge, Katrina This publication is available as a PDF on the Open Society Justice Initiative website under
Ffrench, Sarah Flanagan, Stanis Gallen, Merel Hendrickx, Nina Henkens, Shaban Jah, Eszter a Creative Commons license that allows copying and distributing the publication, only in
Jovánovics, Eric Kind, Jelle Klaas, Gerbrig Klos, Attila Janos Lakatos, Roxy Legane, Jose Lopez, its entirety, as long as it is attributed to the Open Society Foundations and used for
Esther Mamadou, Isabelle Mamadou, Omer Mas Capitolin, Nicha Mbuli, Luis Mendoza noncommercial educational or public policy purposes. Photographs may not be used
Carmona, Zeshan Muhammad, Tarek Naguib, Ngoy Ngoma, Karolien Ory, Youssef Ouled, Jair separately from the publication.
Schalkwijk, Michael Shiner, Kathleen Van Den Daele, Eveline Vandevelde, Lydia Vicente,
Mohamed Wa Baile, Patrick Williams, Rosalind Williams, and Baki Youssoufou for their
invaluable contributions to this guide in particular, and for their collaboration in the struggle ISBN: 978-1-940983-91-2
against ethnic profiling more broadly. DOI: 10.34880.7ea1-my02
Many thanks go to all participants in the convening organized by OSJI in Valencia on June Published by: For more information contact:
28-30, 2019 for their input, which helped shape and structure this guide to make it more Open Society Foundations Maryam H’madoun
relevant, up to date, and accessible. 224 West 57th Street Open Society Justice Initiative
New York, NY 10019, USA Maryam.Hmadoun@
www.OpenSocietyFoundations.org OpenSocietyFoundations.org
Design and layout: Ellery Studio, Berlin
Cover art: Brady Kuehl
2 CHALLENGING ETHNIC PROFILING IN EUROPE 3
CONTENTS
CHAPTER 1: UNDERSTANDING THE ISSUE 8 CHAPTER 5: POLICY ASKS AND ADVOCACY 84
Lessons 9 Lessons 85
Defining the Problem 10 What Needs to Change? 86
Putting Police Practices to the Legal Test 12 Developing an Advocacy Strategy 88
Developing a Strategy for Change 17 Developing Advocacy Asks 92
Common Ethnic Profiling Reform Asks 94
CHAPTER 2: DOCUMENTING ETHNIC PROFILING 28 Who Needs to Be Persuaded? 99
Lessons 29 By What Means? 100
Documentation Essentials 30
Difficulties in Documenting Ethnic Profiling 31 CHAPTER 6: USING THE LAW 106
Methods and Approaches 33 Lessons 107
The Value of Using the Law 108
CHAPTER 3: COMMUNITY ENGAGEMENT, CAMPAIGNING, Problems with Using the Law 108
AND COALITION-BUILDING 50 Ways to Use the Law 112
Lessons 51 Legal Strategy Checklist 120
Mapping Communities and Constituencies 52
Addressing Practical Community Concerns 53 CHAPTER 7: ENGAGING WITH THE POLICE 132
Community Engagement around Ethnic Profiling 56 Lessons 133
Collaboration and Coalition-building 60 Pros and Cons of Police Engagement 133
Potential Obstacles to Coalition-building 64 Who Are “the Police”? 136
Challenges of Engaging with the Police 138
CHAPTER 4: STRATEGIC COMMUNICATIONS 68 Different Modes of Police Engagement 142
Lessons 69
Building a Communications Plan 70 CHAPTER 8: SUSTAINING ACTIVISTS AND MOVEMENTS 148
Working with the Media 73 Lessons 149
Social Media 82 Motivation, Guilt, Burnout, and Boundaries 150
Judgmentalism and Managing Internal Conflict 154
The Double Burden on the Activist of Color 156
Movement Health and Resources 158
The Pace of Change 161
ENDNOTES 166
4 CHALLENGING ETHNIC PROFILING IN EUROPE 5
THE PURPOSE OF THIS GUIDE
The powers wielded by police to stop, question, and even search people they find suspicious reports, factsheets, handbooks with reform recommendations for police and policy officials,
— for any reason — can be a cause of great concern for ethnic minorities in Europe.1 Police legal digests for litigators, stop form and stop data reports and resources for police, and photo
stops that may appear to majority populations as innocent and brief interruptions of the daily exhibitions. However, this is the first Justice Initiative publication aimed primarily at local,
routine — worth the sacrifice for the sake of more safety and security—can cause tremendous community-level activists and other (grassroots) civil society actors. It seeks to provide an
fear, trauma, and humiliation to ethnic, racial, and religious minorities. Not only is being array of tools and resources for campaigners and advocates looking to counter ethnic profiling
stopped by police or other security officials intrusive and intimidating, but an unjustified stop by police, including key lessons learned on the ground, strategic insights, and an international
and search or “routine” ID check can also result in abuse, violence, or even death. overview of what is happening in the field.
Quantitative and qualitative studies show that police stop members of racialized groups much This guide draws on OSJI’s work as well as IN THEIR OWN WORDS: Quotes
more often than they stop people from the majority population. Disproportionate stops of the work of its partners in the field. We from these interviews—which have
minorities are often driven by their race, ethnicity, religion, or national origin. The practice of reviewed existing materials and resources, been lightly edited for clarity—are
using personal characteristics to make decisions about persons believed to be involved in and evaluated them according to their reflected in the text and anonymized
criminal activity is referred to as ethnic profiling. It is discriminatory and violates human rights. impact and required investment. We also pull-quotes2 accompanied by these icons.
It has also been shown to damage trust in police and reduce people’s willingness to report used interviews to gather insights from
crime or cooperate with police, thereby reducing police effectiveness in solving crimes and scores of activists across Europe who work to address police violence and discrimination. By
keeping communities safe. including examples and expert voices from various countries and contexts, we hope to provide
resources and insights that will be useful to actors in the field. This is not intended to be an
Ethnic profiling is both discriminatory and counterproductive. Because of the harms it causes, exhaustive compendium of all the campaigning and advocacy addressing ethnic profiling, as
grassroots activists and civil society organizations in various countries are working to that would fill volumes. Instead, we have tried to distill key lessons from, and provide illustra-
challenge and counter it, as seen throughout this guide. Over the course of a decade, the Fair tive examples of, available materials and resources.
and Effective Policing team of the Open Society Justice Initiative (OSJI) has played a signifi-
cant role in collaborating with and supporting local actors and communities across the EU, and We hope this guide will serve as an inspiration to anyone interested in ending ethnic profiling
to some extent the US, to counter ethnic profiling. and keeping communities safe.
Although there is a range of practices and structural inequalities that arise from unfair policing
that deserve attention and require political and legal challenge, OSJI’s focus has been on
discriminatory stop and search practices, which are often the first encounter between police
and impacted communities. The Fair and Effective Policing team has been involved in
research, national and international advocacy, litigation before national and regional courts,
and support of various campaigns to bring about police and policy reforms. The Justice
Initiative has produced several publications on ethnic profiling in the process, including impact
6 CHALLENGING ETHNIC PROFILING IN EUROPE 7
CHAPTER 1
Communities of color face many forms of discrimination, including discrimination and abuse
by the police. Campaigns to address discrimination will be most effective when they are clear
UNDERSTANDING
about the specific phenomenon they are targeting and the specific approaches they will use to
bring about the desired change.
Experience has shown that it is useful to start with the following three steps, which
THE ISSUE
are addressed in this chapter:
1. develop a clear definition and demarcation of the problem;
2. conduct a thorough analysis of the laws and standards that make
discrimination by police illegal; and
3. form a strategy and tactics that will lead to the desired change.
Adopting a clear definition of ethnic An essential early step is to establish a
profiling that captures the phenomenon strategy that sets out priorities,
and stays focused on policing and law informed by the available capacity
enforcement is an important first step in and resources, and a course of action.
effectively challenging it.
A strategy is useful to identify advocacy
Understanding international and regional targets and can consist of different
legal standards and norms against ethnic sub-strategies, such as a legal strategy
profiling is important in assessing gaps in and a communications strategy.
national and local laws, regulations, and
police operational guidelines, and in A strategy should not be fixed but
advocating for legal safeguards and reforms. subject to change, especially after
careful evaluation and learning.
Rosalind Williams, plaintiff in a case challenging ethnic profiling in Spain that resulted in a groundbreaking
ruling from the UN Human Rights Committee, photographed in Madrid on November 17, 2018.
© Ed Kashi/VII for the Open Society Foundations
8 CHALLENGING ETHNIC PROFILING IN EUROPE CHAPTER 1 — Understanding the Issue 9
Defining the Problem Other forms of criminal profiling, particularly in investigations of organized crime, may
include ethnic or national origin. But this intelligence needs to be up to date and accurate,
Ethnic profiling is when police target you because of who you are and what you look like, rather because crime groups can easily change the profile of their couriers or other associates to avoid
than because of what you have done. an obvious or known profile. The key question is whether the personal characteristics of
suspects—like assumed race, ethnicity, religion, or national origin—are based on timely and
The term “ethnic profiling” describes the use by law enforcement of generalizations grounded accurate intelligence that is secondary to other, crime-specific evidence, or whether personal
in ethnicity, race, religion, or national origin—rather than objective evidence or individual factors have played a role in forming the suspicion. This definition, established by the
behavior—as the basis for making law enforcement and/or investigative decisions about who European Court of Human Rights in the Timishev case (see below), strictly circumscribes the
has been or may be involved in criminal activity.3 Ethnic profiling is manifest most often in use of prohibited personal factors such as presumed race, ethnicity, or religion, in law enforce-
police officers’ decisions about whom to stop, ask for identity papers, question, search, and ment decision-making. It is important to be clear that, while there may be lawful uses of
sometimes arrest. Ethnic profiling can arise from the discretionary decision-making of indivi- ethnicity in policing, there is no such thing as lawful ethnic profiling. Ethnic profiling is a term
dual officers, from institutionalized bias ingrained in policing structures and culture, and from of art describing unlawful discrimination in police or law enforcement practices.6
the social attitudes and politics that shape institutions and policy.4
Another distinction to note here is between the institutional practice of ethnic profiling, and
Why does the definition matter? Because there are competing definitions of ethnic profiling criminal offenses committed by individual officers, such as racial abuse and violence. In many
and persistent confusion around what is meant by ethnic profiling in policing. Clarity of countries, police impunity in using physical violence and verbal abuse is so entrenched that
definition is important to truly capture the problem and maintain a clear focus on it, but also to some people have come to accept constant police checks as comparatively benign. However,
challenge misleading definitions that conflate legitimate and unlawful forms of profiling, or ethnic profiling by police departments and racial abuse by individual officers both increase
seek to validate unlawful policing. mistrust among those being policed. The loss of police legitimacy that arises from dispropor-
tionate and unfair policing often leads to escalation and increased incidents of explicit racist
A common definitional challenge is the desire to use the term “ethnic profiling” broadly to language and violence. It is important to demand higher anti-discrimination standards for
encompass an array of discriminatory practices beyond policing and law enforcement. police institutions, while realizing that for some communities addressing police violence may
Different forms of discrimination do follow similar patterns, and some may lead towards be the priority.
subsequent encounters with law enforcement. That said, using the term to encompass multiple
forms of discrimination risks confusion. Choosing the specific form of discrimination to focus
on enables clear vision and targeted messaging, both of which are essential to effective advocacy. Ethnic profiling may Ethnic profiling may be
occur during: perpetrated by:
Ethnic profiling, which is discriminatory and illegal, is often confused with other, lawful forms
of police profiling, including criminal profiling and suspect descriptions or profiles. Criminal ● identity checks ● local, national, or civil police
profiling is the analysis of certain types of crime to distill common factors and develop ● stops and searches ● immigration control officers
“offender profiles” with some investigative value; it is most commonly used in pursuit of ● border and customs checks ● customs and borders officers
rapists and serial killers. Suspect profiles or suspect descriptions are a basic aspect of many ● targeted fines ● algorithmic searches of databases
investigations and of any contact crime (where the victim has contact with the perpetrator). ● raids ● counter-terrorism practices
The description of the suspect may include racial or ethnic appearance, which is entirely valid ● vehicle inspections ● private security, hired by the state
as long as the description is reasonably detailed. But some suspect descriptions are so vague ● surveillance
(“North African male wearing jeans and sneakers”) that if police use this to decide whom to
stop and question or search, it can be defined as ethnic profiling. It is the professional duty of
police to seek further specific operational intelligence to guide their search when they receive
overly general descriptions, as they would most likely do with White perpetrators.5
10 CHALLENGING ETHNIC PROFILING IN EUROPE CHAPTER 1 — Understanding the Issue 11
Intentional racism and violence are criminal acts, and can lead to criminal prosecution of the
individual perpetrator. While necessary, criminal prosecution focuses on a single individual’s
actions. It will not address institutional racism that produces persistent patterns of dispropor-
tionate policing. Available data shows that in every country across Europe, deep-seated bias
drives patterns of discriminatory policing, and these practices are not only unlawful but also
ineffective. As the next section discusses, in law, the distinction is made between direct (or inten-
tional) discrimination and indirect discrimination, such as when institutional practices or policies
lead to a disproportionate focus on communities of color, resulting in over-criminalization. In
Chapter 6, we discuss options for legal challenges to ethnic profiling as a pattern of practice.
Putting Police Practices to the Legal Test
Clearly defining ethnic profiling and drawing distinctions between lawful and unlawful
policing are based on applicable legal standards. These standards are articulated in interna-
tional, regional, and national norms, and varied forms of legal recourse also exist at each of
these levels. In an ideal world, authorities and institutions would end ethnic profiling once
shown its prevalence and harmfulness. Generally, that has yet to happen. Fortunately, the law
does express the state’s commitment to basic values, including non-discrimination. Efforts to
end ethnic profiling—including through challenges in court—seek to ensure states live up to
these commitments.
International Laws and Standards
The rights to equal treatment, due process, and a remedy for wrongs are all fundamental
principles. Ethnic profiling by police violates the right not to be discriminated against. It also
violates the right to a private life, because being searched, especially in public, can be invasive.
Depending on the circumstances and duration of the police stop and subsequent proceedings,
ethnic profiling may also violate rights to liberty and security of the person, freedom of
assembly, freedom of movement, and freedom of religion (when you fear to manifest your
faith, or visit places of worship, due to the specter of ethnic profiling).
International law and UN treaty obligations establish clear standards for non-discrimination.
While the legal norm against discrimination is universal and fundamental, not all differential
treatment constitutes discrimination. The key principles by which to judge whether an action
meets the standard is whether it was legitimate, proportional, and necessary. The Open
Society Justice Initiative has published legal digests on norms and contributed to the promul-
gation of case law governing ethnic profiling in the UN human rights system7 and in the
European regional human rights system.8
A demonstrator holds a sign reading, "The police stop me for the color of my skin," in Barcelona, Spain,
on March 23, 2019. © Paco Freire/SOPA/Getty
12 CHALLENGING ETHNIC PROFILING IN EUROPE CHAPTER 1 — Understanding the Issue 13
[T]he Committee can only conclude that the author was singled out for the identity
check in question solely on the ground of her racial characteristics and that these
characteristics were the decisive factor in her being suspected of unlawful conduct. ECRI is aware that the police often works in a difficult context and that the
Furthermore, the Committee recalls its jurisprudence that not every differentiation everyday reality of combating crime, including terrorism, pose real challenges that
of treatment will constitute discrimination, if the criteria for such differentiation are need to be met. However, ECRI is convinced that racism and racial discrimination,
reasonable and objective and if the aim is to achieve a purpose which is legitimate including racial profiling, cannot constitute a possible response to these
under the Covenant. In the case under consideration, the Committee is of the view challenges. Firstly, because they violate human rights. Secondly, because they
that the criteria of reasonableness and objectivity were not met. Moreover, the reinforce prejudice and stereotypes about certain minority groups and legitimise
author has been offered no satisfaction, for example, by way of apology as a remedy. racism and racial discrimination against them among the general population.
Thirdly, because racial profiling is not effective and is conducive to less, not more
The UN Human Rights Committee in Rosalind Williams Lecraft v. Spain human security. ECRI believes that it is trust in the police by all segments of society
(July 27, 2009)9 that enhances overall security. It is not possible for the police to work effectively,
including against specific security challenges, without the co-operation of all
components of society, majority and minority.
ECRI General Policy Recommendation No. 11
[N]o difference in treatment which is based exclusively or to a decisive extent on a
person’s ethnic origin is capable of being objectively justified in a contemporary
democratic society built on the principles of pluralism and respect for different cultures.
The European Court of Human Rights in Timishev v. Russia (December 13, 2005)10
National Laws and Standards
In addition to binding treaty law and case law, a growing array of “soft norms” on ethnic Activists starting to address ethnic profiling frequently undertake a thorough legal analysis
profiling have been developed at the UN and European levels. A soft norm provides legal and to establish whether national laws provide necessary standards and safeguards against
policy—and sometimes practical—guidance for policy makers, legal authorities, and police in police discrimination. Every country in Europe has a constitutional prohibition of discrimi-
interpreting the law. Soft norms are not binding standards whose compliance may be adjudi- nation, and many also have specific non-discrimination laws, some of which include specific
cated in court, but they can and do have significant influence on policy decisions, on judges’ applications to service delivery by public authorities—although it remains common to find
views, and on police practice. Reports and recommendations by the UN Special Rapporteur on no explicit reference to policing. Police powers, including the powers to conduct ID checks,
contemporary forms of racism, racial discrimination, xenophobia and related intolerance;11 the stops, and searches, are typically set out in a code of criminal procedure. It is common to
UN Committee on the Elimination of all forms of Racial Discrimination (CERD); the European find that criminal procedure codes do not include specific non-discrimination standards.
Commission on Racism and Intolerance of the Council of Europe;12 and the Fundamental Rights Civil society organizations have analyzed relevant national laws governing discrimination in
Agency (FRA) form an important body of soft law on ethnic profiling.13 Many of these bodies many EU countries, including Austria, Belgium, Denmark, France, the Netherlands, Spain,
also have important reporting functions and some conduct regular scrutiny of country practices. Switzerland, and the UK.14
14 CHALLENGING ETHNIC PROFILING IN EUROPE CHAPTER 1 — Understanding the Issue 15
Police usually receive guidance though operational protocols (or circulars), codes of Developing a Strategy for Change
practice, and other instructions on how to interpret legal standards and use their
powers in practice. In some cases, these examine the use of factors such as race and Having a definition and legal analysis of ethnic profiling is an essential starting point for
ethnicity in detail (Code A of the Police and Criminal Evidence Act in the UK for activism, but does not necessarily provide an immediate and clear strategy for bringing
example), but many countries offer no specific instruction. In Spain, the Ministry of change. Before investing valuable time and energy in activities, it is vital to reflect on the
the Interior issued a circular instructing officers not to discriminate in their identity nature and location of the problem, and what you can do to bring about change. Developing a
checks but it contained little practical detail. Certain countries also have codes of strategy requires making choices about priorities and resource allocation—especially time and
professional ethics, such as France’s Code de Déontologie.15 money—in order to maximize the impact of always-limited resources. Much activism on ethnic
profiling is catalyzed by an incident of police abuse, or a new policy or manifestation of
discrimination in policing. But campaigners will benefit from determining their own pathway
Where national laws fail to prohibit ethnic profiling, it is common to find a lack of operational to change instead of limiting themselves to reacting to the actions and agenda of others.
guidance for police on prohibited and legitimate uses of race, ethnicity, religion, and other
personal factors. Analyzing this lack of guidance provides the basis for advocacy in favor of
improved legislative and operational standards, including clear standards for all police powers, “We try to hold a strategy day every year. We refine our notion of the problem,
and a reasonable suspicion standard for checks and stops. Such legal standards in turn provide not just stop and search anymore, but police confiscating phones during
the basis for clear operational guidance, training, and oversight (see Chapter 5 for a detailed stops, handcuffing people during stops. We try to keep monitoring/reviewing
discussion of reforms related to establishing clear standards for police powers). progress as the basis for more strategizing.”
Key questions that national legal standards can clarify:
● Where are non-discrimination standards established? Are they explicitly included in laws Social change is complex. So many things in the world affect our choices; it is important to
setting out specific police powers? have a discussion, a process, and tools that can provide an objective analysis, a clear descrip-
● Are police powers to stop and search well defined and limited, based on reasonable tion of goals and objectives, and means for selecting the activities with the best chance of
suspicion or another framing of specific and individualized reasons to stop someone? producing the change we want to see.
● Does the legislation mandate mechanisms for recording and monitoring the use of stop
and search powers, and the collection of aggregate ethnic statistics to ensure non-discri- A good strategy answers the questions of what, how, when, where, and who in a way that aligns
mination standards are met? all aspects of the work with a clear and shared vision of change. Good strategic planning
● Is provision made for independent oversight of stop and search powers? encourages thoughtfulness and realism about context, capacity, and resources. Discussions
● Are broader powers, such as immigration or counter-terrorism powers, circumscribed in can also articulate the values and principles that should be reflected in the work. A strategy
the place and time of application and applied under authority and oversight of an indepen- does not have to be set in stone, and can and should be adjusted over time in response to
dent judiciary or politicians? developments, but a good foundation and process will support both effective campaigning and
future adaptability.
There are many resources on strategic planning available online.16 The next sections offer a
few valuable exercises in understanding and responding to ethnic profiling; this is not intended
to provide a detailed “how to” guide, but rather to offer examples of questions that activists in
different contexts have grappled with in their strategic decision-making. They should not
simply be copied, as their validity and application depends on the specific context, and on the
capacity of the activists and civil society groups that have decided to take on ethnic profiling.
These are anonymized examples whose purpose is illustration and inspiration.
16 CHALLENGING ETHNIC PROFILING IN EUROPE CHAPTER 1 — Understanding the Issue 17
Understanding the Problem in Your Specific Context
A coalition of NGOs, civil society groups, and community activists affected by police discrimi-
nation decided to develop a shared strategy. Their first step was to develop a joint understan-
ding of the problem, its manifestations and consequences, its causes and potential solutions.
They used a problem tree analysis that gives a visual representation of the problem (tree trunk),
its causes (roots), and the solutions (leaves).
Youth and community engagement
Rights awareness, legal support, safe space for sharing and healing,
capacity building, change community and parents’ perspectives on Establishing Goals, Objectives, and Tactics
ethnic profiling, educate teachers and youth workers
The problem tree provides the basis for developing a strategy with three main goals, each with
Working with the police
underlying objectives and tactics. Goals and objectives are often confused. As used here, a goal
Law, policy, and politics
Formal recognition of ethnic
Revise law and guidance to prohibit
is the change that you want to see, whereas the objectives are the smaller building blocks to
profiling, stop data collection,
commitment from police leadership,
ethnic profiling, demand independent help you reach your goal. It is important for objectives to be SMARTIE: Specific, Measurable,
police complaints body/anti-
improved supervision and
discrimination or human rights
Attainable, Realistic, Time-bound, Inclusive, and Equitable.17 This approach enables the
accountability, training on ethnic
profiling, change in police culture
body, monitor and analyze policies measurement of progress, and realism about what may be achieved in a period of time.
on impact on racialized groups,
develop information campaigns
Including “inclusive” and “equitable” ensures that individuals and groups traditionally
excluded are part of the processes, activities, and decision-making of campaigns, and that
goals seek to address the systemic nature of ethnic profiling. Objectives can be sequenced,
identifying initial, achievable steps but also a pathway towards the big, important wins. An
overall strategy should be complemented by a separate, specific advocacy strategy targeting
various police and policy officials, as well as a specific communications strategy.
Problem More recent forms of profiling
Disproportionate ID checks and searches, Bus/metro/train/mosque checks, data mining, forced
car stops and searches, intimidation, identification of members of youth clubs, youth-work
violence by police, physical and verbal as profiling tool, special intervention teams
abuse, over-policing and under-policing of
communities, caught in criminal justice Personal and psychological
system, entry in police database, Loss of confidence/pessimism/fear, paranoia,
ineffective policing, loss of trust and insecurity/aggression, mental and social harms,
legitimacy, reduced reporting fewer opportunities, criminalization
Structural racism Institutional context
Normalization and internalization of racism, enduring Poor police training, focus on crime
impact of history and colonization, reduction to “bad prevention, lack of leadership and
apples,” White-led civil society, biased media, low/no guidance, no fully independent
rights awareness in communities complaints body, poor police
oversight, police culture and code of
silence, gentrification, cuts in youth
Security trends and social services, popularity
Counter-terrorism, deradicalization, lack of migration far-right, failing legal/justice system,
policy, militarization, privatization of public security, no data or problematic research
data mining and technology, youth and social
services reporting to police
People attend a youth meeting concerned with “stop
and frisk” practices in New York City on July 18, 2012.
© Bebeto Matthews/AP/Shutterstock
18 CHALLENGING ETHNIC PROFILING IN EUROPE CHAPTER 1 — Understanding the Issue 19GOAL 1: GOAL 2: GOAL 3: Developing Goals to Challenge Ethnic Profiling
Policy makers Affected communities no Progressive police are
acknowledge ethnic longer accept ethnic urged to collect stop
profiling and adopt and profiling as normal and data A Dutch organization decided to focus on four demands of the police:
enforce reforms to file complaints
counter it
1. acknowledge that ethnic profiling takes place;
Objective 1: Publish Objective 1: Develop Objective 1: Engage with 2. develop a policy to address it;
reports demonstrating information campaign on progressive police who 3. effectively implement the policy in all police forces; and
pervasiveness, ethnic profiling can raise awareness 4. measure the new policy’s effects by monitoring police stops.
unlawfulness, and impact about ethnic profiling
of ethnic profiling internally
The organization experienced challenges at each stage. Although they got the police to
1. Research legal framework 1. Develop testimonial video on 1. Identify progressive police acknowledge ethnic profiling is a reality, the definition of “ethnic profiling” adopted by
and standards against ethnic profiling officers in different forces the police was so narrow it failed to address many of their actual discriminatory
discrimination
2. Organize discussion on ethnic 2. Connect progressive police practices. As the Ministry of Justice was using a broader definition from the EU, the
2. Collect testimonies on profiling with minority youth with officers from countries
occurrence and impact of more advanced in addressing organization demanded that police use that definition as well. In the end, the police
3. Develop know-your-rights
ethnic profiling and harm to ethnic profiling agreed that action was needed, but made no policy changes. The organization then
information in local
police-community relations
language(s) 3. Share good practices on developed a proposed policy that significantly influenced the framework eventually
raising awareness about ethnic
4. Develop know-your-rights adopted by police to improve professionalism and address ethnic profiling.
profiling within the police
trainings
4. Educate police on ethnic
5. Develop training on filming
profiling In New York City, a massive coalition of more than 100 community groups and NGOs
the police
came together not only to combat discriminatory and abusive policing, but also to
Objective 2: Push for Objective 2: Support Objective 2: Share police advocate for alternative, non-policing public safety approaches. Their approach
policy reforms against complaints about ethnic good practices on collec- invested heavily in building the capacity and power of affected communities, and
ethnic profiling specific profiling ting stop data to counter
raising public awareness and support for structural change. These values were built
to local context ethnic profiling, and urge
their implementation into the structure and functioning of the coalition.
1. Research shortcomings of 1. Collect testimonies of victims 1. Study stop data experiments Campaigns in the Netherlands and New York have both made important advances.
community oriented policing, of ethnic profiling for public from abroad and share
complaints mechanisms, reports experiences and outcomes Dutch police now recognize profiling as a problem and have taken some initial steps
police oversight, rights in
2. Inform victims on how to
with police to address it, but the subject remains sensitive and hotly debated. The New York City
police encounters, police data
collection, and privacy laws
make complaints 2. Encourage one police force to Police Department’s use of stops, questionings, and frisks has dropped dramatically
experiment with stop data
3. Follow up on complaints and community voices are now more active in influencing criminal justice policies,
2. Develop set of policy reforms collection and provide
submitted to equality body
to address those shortcomings support with new leaders arising from the movement. However, ongoing police practices
4. Examine weaknesses of
3. Share/discuss policy asks with remain heavily focused on communities of color, deaths in custody have not come
complaints mechanisms and
specific key policy makers
develop advocacy asks to down, and police impunity remains the rule. Ethnic profiling is a stubbornly resilient
4. Convene different improve them
stakeholders to present practice, deeply embedded in not only police culture and practice, but also in wider
policy asks social attitudes. A clear strategy can enable celebration of success, while also
grounding incremental successes in a realistic view of the scope of the challenge.
Both realism and celebrations of successes are vitally important to the resilience and
sustainability of racial justice movements.
20 CHALLENGING ETHNIC PROFILING IN EUROPE CHAPTER 1 — Understanding the Issue 21Stakeholder Analysis and Power Mapping Powermap for Goal 1, Objective 2
Stakeholders are any individuals or groups involved in or affected by a campaign. There can be Push for policy reforms against ethnic profiling specific to local context.
many types of stakeholders, often defined by their connection to the issue. Primary stakehol- Activity: Adoption of a local policy mandating the recording of police stops.
ders include the individuals, groups, or institutions that are affected by the issue that the
campaign is focusing on. Other stakeholders include individuals, groups, or institutions that
may have political influence or the capacity to help advance or obstruct your goals, such as
K E E P S AT I S F I E D High Power M A N A G E C L O S E LY & E N G A G E F U L LY
police, municipal and state officials, partners, opponents, advisors, institutions, movements,
media, donors, and academics. President/Prime Minister Minister of Home Affairs/
Low interest except in case of riots, Justice/Security
violent reactions in heavily policed Responsible for internal security
A stakeholder analysis involves a four step mapping process that includes: neighborhoods, or regarding and often in charge of policing.
extraordinary policing measures;
1. identifying stakeholders but does care about international
2. understanding their interests and aspirations reputation and image. Mayor
Often in charge of city police
3. assessing their level of influence in the matter and sets local policies.
Police unions
4. outlining strategies for increasing their support or reducing their opposition Reluctant to make a priority of
ethnic profiling reform, if not
overtly hostile, and often oppose
Conducting a stakeholder analysis can be “Another approach is new policies and measures that
Local city council members
Policing is often a local matter and ethnic
particularly helpful at the start of a campaign cooperating with sympathetic add to the “administrative burden.” profiling by local forces is of particular
importance to local constituents.
to map the various stakeholders and ensure city councilors, where we give them
that often over-looked individuals and groups tools to take up the subject with the Political party leaders
In contexts where parties set
become part of the planning. It can also be mayor, to call on mayors to address out policy direction, party
Chief of police
In charge of setting guidelines
useful to identify stakeholders for specific ethnic profiling in the police. For leaders can be useful allies.
and addressing (or failing to
Low Interest
High Interest
goals and activities. example, there’s going to be a address) ethnic profiling.
resolution introduced in [our city] to
Bringing about institutional and structural suspend all proactive police stops until Impacted communities
Important to be involved with and
change is not possible without engaging with there’s proof of its impact on human lead on advocacy because they are
those who hold the power to effect change. rights. We keep looking for where power General public
first to be affected by policy change.
Power mapping is another tool for identifying is situated.” Monitor for reaction and
Equality body/human rights institutions
opportunities to
who among the stakeholders has power to galvanize support. Mandated to address discrimination and
rights violations but often disregarded by
make or obstruct change. Power mapping should also identify those most affected by change, police and policy officials.
even if they appear to have relatively little power to make change themselves. A powermap can
Media
help in making choices about the focus of your advocacy and communications, but also in Monitor reporters who
Other NGOs/civil society
identifying where relationships need to be developed. Depending on where a stakeholder is cover policing and
Keep informed throughout cultivate those who
positioned, you may need to keep them satisfied, manage them closely and engage with them process so they can be may be interested.
called on when their support
fully, keep them informed, or monitor them. A powermap is useful to determine toward whom or action is needed. NGOs/civil society that work
you should direct your actions, advocacy, and communications. with minority youth
Well placed to inform impacted
youth about new measures and
report potential problems.
MONITOR Low Power KEEP INFORMED
22 CHALLENGING ETHNIC PROFILING IN EUROPE CHAPTER 1 — Understanding the Issue 23Stakeholder analysis for Goal 2, Objective 1 (on page 20)
Develop information campaign on ethnic profiling.
Activity: Develop know-your-rights trainings.
Who are your
stakeholders?
What are their Directly impacted by Those affected by Work with people Teach young people Interested only if seen Interested in engaging Interested—will have
interests or ethnic profiling, desire ethnic profiling. impacted by ethnic impacted by ethnic as newsworthy and or “being seen to youth programming.
aspirations? knowledge on how to profiling. profiling. generates audience engage” on ethnic
handle encounters. interest. profiling with local
communities.
What level of Little traditional Local political Local political Local political influence Influence over general Influence over the Influence over police,
influence do they political influence influence and influence influence and influence and influence over public and local general public and schools, and youth
have? individually. But can within communities. over young people and young people and politicians. local politicians. work; has budget to
influence their peers parents. parents. Influence over Powerful political pay for activities.
and increasingly use police and local lobby.
social media to exert municipality if
influence. supportive of training.
Teachers’ unions are
also very influential and
can support and
advocate for training.
What level of Interested but might be Interested, depending Interest can depend on Interest depends on General media Interested as a way to Interested because
interest do they demoralized or think on the specific individual youth individual teachers and interest is low. reduce antagonism the issue may impact
have? ethnic profiling is experience of that workers and structure school administrations. Minority media will around encounters, local communities but
normal. community and local of youth work system. have more interest. although this may this may need to be
dynamics. Can either support or depend on the demonstrated.
hinder efforts. content of the training
and how much they
are engaged with its
development.
Strategies for Can be involved in the Develop training for Educate on the value of Engage in the Cultivate friendly Promote as a way of Involve in early
increasing their design and delivery of and with support of know-your-rights development of training media that can de-escalating conflict. discussions if you
support or training to ensure it is different sectors of the training; engage early utilizing teaching promote the work; link Share evaluation want training adopted
reducing their relevant, and can help community; in the process of pedagogy; explore to reports of incidents results. as part of broader
promote the training. demonstrate the value design and making know-your- of ethnic profiling; youth programming
opposition?
of such training in development; evaluate rights training part of share results of across whole area.
empowering people the project and their curriculum; get evaluation as news. Evaluate the project
and de-escalating document impact. support for evaluating and document impact.
encounters. the project and
documenting its impact.
24 CHALLENGING ETHNIC PROFILING IN EUROPE CHAPTER 1 — Understanding the Issue 25Planning and Evaluation Making change is usually a complex and long-term undertaking that benefits from planning
Complex projects never go exactly to plan and you will benefit from ongoing monitoring and and preparation. A campaign against ethnic profiling benefits from a thorough understanding
evaluation to learn from developments and strengthen the planning going forward. Scenario of the problem in a particular context; goals, objectives, and tactics; a stakeholders and power
planning can be particularly helpful in identifying potential unintended consequences and dynamics analysis; and a detailed but flexible plan that includes evaluation. Developing a
developing plans to address them. Advocates should look at each planned activity and ask: thorough understanding of the problem involves documenting the problem, which is described
in the next chapter.
● What is the best outcome?
● What is the most likely outcome?
● What is the worst outcome?
It will be useful to build this type of thinking into the strategy. For example, advocating for the
adoption of stringent safeguards on one type of police stop might reduce the use of that parti-
cular stop power—a seeming success, until you realize that police are now doing more searches
using a different power with even fewer safeguards. Campaigns should try to envisage multiple
possible scenarios—good, bad, and mixed—resulting from their activities, and consider the
strategic implications of these. In the example given, an initial brainstorming of different
scenarios could have led to the pursuit of a broader policy safeguard covering all police powers.
Evaluation takes place at specific moments, often midway through or at the end of an activity
or strategy period. With the benefit of hindsight, evaluations can provide very useful lessons
indicating what you should do differently next time. The main questions you should be asking
in any evaluation are:
● What worked well, and why?
● What was less effective, and why?
● What would you do differently next time?
Evaluations do not always need to be formal undertakings, but even informal efforts should
involve measuring impact, monitoring key indicators, and surveying stakeholders to gather
insights. Evaluations can include regular debriefing discussions after events or activities,
which serve to help actors process and understand developments. The experiences and lessons
gained from these debriefing conversations should be shared throughout the campaign or
organization, and used to shape the development of future strategies and activities.
26 CHALLENGING ETHNIC PROFILING IN EUROPE CHAPTER 1 — Understanding the Issue 27Those who experience ID checks, stops, searches, and other intrusive police actions unders-
CHAPTER 2 tand the nature and experience of ethnic profiling. Yet without data illustrating the scope of the
problem, these lived experiences are easily dismissed by politicians, police, and the wider
public. Documentation can show that ethnic profiling is taking place, including its extent and
DOCUMENTING
nature; it can also unpack the problem, and show that profiling is not simply the product of a
few racist officers or “bad apples,” but reflects organizational culture and practice (in other
words, institutional racism). Some approaches to documentation set out to empower affected
communities through the research process, while others partner with academics and use
ETHNIC PROFILING
highly rigorous methods that can withstand the most hostile scrutiny. This chapter discusses
and illustrates different documentation and research methods and their value and limits,
followed by important challenges to consider.
Gathering and analyzing data is a crucial The goals of research—supporting
first step in demonstrating the nature, awareness raising, showing impact,
extent, and impact of the problem. changing policy, or supporting a legal
challenge—will dictate what methods you
Highlighting the absence of any data on or use and how you present the data.
evaluations of police powers and practices
can be an important advocacy tool to push Who conducts and pays for the
for data collection. research is important.
It is permitted under European law to All research must be informed by those
collect data that is disaggregated by impacted by ethnic profiling. Using
ethnicity (often referred to as “ethnic advisory or reference groups to help guide
data”), but affected communities may the research can provide broader access
have valid concerns about this approach, to those affected and generate higher
so collection of ethnic data must be based quality research.
on negotiation with those communities.
Ensure that all research is ethical and
It is important to collect high quality data; respects and protects those who participate.
poor quality data can lead to missteps.
A good documentation plan will consider
A group of young men are charged by riot police during a protest in a audience, accessibility, and dissemination.
suburb of Paris on October 19, 2010. © Tomas van Houtryve/VII/Redux
28 CHALLENGING ETHNIC PROFILING IN EUROPE CHAPTER 2 — Documenting Ethnic Profiling 29Documentation Essentials Having a clear plan for and resources dedi- “For some communities, it can
cated to dissemination are often overlooked take time to get their heads
Research and data provide the foundation for “Recognize that policy makers but equally important. It is sadly common to round statistics—so how you package it
challenging ethnic profiling and shaping want research evidence, they see excellent research go unnoticed because can be very important. Include short
specific, evidence-based recommendations for speak in data and outcomes and of limited dissemination. In addition to the films, infographics, [and] podcasts
changes in policy and police practice. The without it, it can be difficult to have quality of your data, how it is presented and making the information accessible and
problem is that Europe has two major data these conversations.” disseminated will affect the usefulness of digestible. Academic reports are great.
deficits on ethnic profiling: the lack of any your research and must be carefully consi- But for the person on the street, you
meaningful data on the use and effectiveness of police powers, and the lack of ethnic data.18 dered from the very beginning of your have to ensure the data is tangible,
Thus, current documentation of ethnic profiling has almost entirely been produced by civil research process. impactful, effective.”
society, academics, and some regional or national human rights bodies. This work has shown
that profiling is happening, who it happens to, why it happens, and its impact.
Difficulties in Documenting Ethnic Profiling
It should be noted that governments and institutions that have the ability and power
to systematically collect data can at different stages of data collection shape the There are some challenges that are important to consider and try to mitigate when planning to
process in a way that ends up criminalizing or harming communities. As Nani Jansen research and document ethnic profiling.
Reventlow, founding director of the Digital Freedom Fund, poignantly expressed:
“Data are not merely recorded or collected, they are produced. Data extraction Lack of Data
infrastructures comprise multiple points of subjectivity: design, collection, analysis, It is impossible to document or analyze ethnic profiling without data on policing practices that
interpretation and dissemination. All of these open the door to exploitation, and for includes ethnicity. Although governments and the police often argue that data protection
this reason, data extraction and surveillance have been argued to constitute colonial standards preclude the collection of information on ethnicity and policing,20 this is incorrect.21
means of control. Which begs the question of whether increasing these mechanisms Understandably, Europe’s long and ongoing history of abuse of ethnic data causes fear and
really is how we should be fighting structural oppression.”19 It is important to be concern about potential misuse, especially in an era of xenophobic politics and prevalent racial
critical of such efforts to collect data and push back if necessary to ensure data is stereotypes linking minority groups to crime or violence. But without ethnic data on police
collected in a transparent and fair way. Proper data collection can help analyze the practices it is impossible to ascertain whether police are using their powers lawfully, fairly, and
nature and scope of ethnic profiling, and illuminate possible interventions and their effectively. Similarly, without ethnic data it is impossible to evaluate the impact of any
impact. This is why community-led efforts to document ethnic profiling using robust measures introduced to reduce discrimination and improve fairness. Given the sensitivity of
methodologies are valuable, although difficult to sustain in the long run. ethnic data, it is essential, before commencing any ethnic data collection, to consult with local
communities on the construction and use of ethnic categories, and ensure compliance with
To be effective, documentation efforts need to take into account a few main considerations. national data protection standards.
The first questions any documentation or research project must ask are: what is your objective,
and who is your audience? The responses will help determine what evidence and documenta- Burden on Impacted Communities
tion is the best fit, who should do the research, and what ethical considerations apply to the While affected groups should be central actors in designing and conducting research, it is
conduct of the research. Making the data accessible to and easily understandable by your important to understand that this is asking affected communities to confront police denial and
target audience is also key. Statistics and quantitative data in particular can be very hard to “scientifically” prove the existence of a traumatic experience that they live daily. Furthermore,
digest, but good infographics and visuals make a huge difference! The European Network gaining access to police and other research subjects may involve real risks and may be trigge-
Against Racism (ENAR), for example, developed accessible and shareable infographics ring. While prioritizing the leadership and participation of those affected, research processes
including statistics on ethnic profiling in different EU countries, to support their advocacy must also be conscious of confidentiality needs and risks of exploitation.
campaign against ethnic profiling.
30 CHALLENGING ETHNIC PROFILING IN EUROPE CHAPTER 2 — Documenting Ethnic Profiling 31Research Funding activism; and academics instrumentalizing the communities that they need for research
In seeking resources for research, be mindful of “It’s important to give a voice to inputs. As with the non-profit sector, academia remains overwhelmingly White, with few
potential conflicts of interest or strings attached people impacted by policing. academics of color. Thus, while the involvement of academics can be useful, it can also present
to the funding. Some funding may come with Enable and empower people to tell challenges and should be carefully considered and managed.
limited transparency, or give established powers their stories. But there is a fine line
the right to review and even edit data. (Police between research, and researchers or
can refuse to allow publication of unfavorable the media being parasitical, and you Methods and Approaches
results as a condition of access, for example.) need to measure and assess this. How
The results can produce skewed data, which do you protect people from reliving The following sections discuss different research and documentation methods. This guide
then becomes the official data cited by police their trauma through a research artificially separates methods in order to discuss the specific aspects of each one, but in reality
and governments for years to come. All research process? How do you make it a safe most campaigners will use a mix of methods to present a more rounded and compelling
should be transparent about its funding, space for people to participate? We understanding of ethnic profiling.
methodologies, and limits. Research on ethnic must understand that it can be risky
profiling should also include and favor the for people to tell their stories, to reveal Overview Reports
inclusion of affected groups and academics of their identities, and risk facing Confronted by data deficits and limited resources, many groups start their work by producing
color, and prioritize partners actively committed repercussions.” “overview reports” or more classic “human rights reports” that describe the nature of the
to advancing social impact. problem, establish a definition and vocabulary, and bring all applicable legal standards and
existing evidence of profiling into a single report. This tactic is common in early phases of
In 2001, a researcher published a study ordered by Belgium’s minister of justice, campaigns to address ethnic profiling. It has particular value in creating a legal, definitional,
examining the relationship between ethnicity and youth crime. The researcher accep- and narrative frame that is often lacking in countries unfamiliar with the issue. It enables
ted police data as evidence of higher crime rates amongst ethnic minorities, and subse- activists to define the applicable legal standards, and can provide a baseline of data from which
quently identified the youths’ backgrounds and cultures as reasons for their behavior. to monitor ongoing developments.
Although the study was discredited by academics and its assumptions, methodology,
and results questioned, the study is still referred to as a seminal work by police and
policy officials who want to defend ethnic profiling practices. Despite the biased “Although there might not be systemic data collected by the police, there is
results, it took 10 years for another university study to discredit the claims.22 often a lot of other types of information collected. We did desk research:
pulling together evaluations of newly introduced police powers, surveys, anything
Importance of Robust Methodologies with reports about policing despite the fact that they were not systematically
Police and governments are quick to question “There is tension for Black and addressing ethnic profiling disproportionality in specific powers. We went through
methodologies and challenge research results, brown researchers. Research over 100 reports and pulled out all the arguments. We looked at national law,
and as the issue of ethnic profiling has become methodology does not insulate us from European law, and research from other countries. It’s not a methods-based
more established in public and policy debates, challenge. Often because of the work research, but as an NGO, it was practical and allowed us to make the case. A lack of
increasing questions arise about the quality of that I do, because of my positionality, evidence or data was also helpful as the state should provide safeguards against
the data on police practices. Campaigners because of the approach I take police abuse so the lack of data proving this was happening was evidence we could
seeking to develop and use data with robust attempting to challenge power and use in advocacy. The report was aimed at policy makers and police. We coupled this
methods are increasingly working with acade- narratives, then my background will with an “impact report” interviewing people who had experienced ethnic profiling—
mics, and more academics are taking an also be questioned…we need to protect mainly men of color—about what it feels like to be profiled. We released two reports
interest in this field. This poses new challenges ourselves by building in additional rigor and got a lot of media attention. This was really the tipping point for
around intellectual property rights; some into the work.” acknowledgement of ethnic profiling in my country.”
academics’ reluctance to mix academia with
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